Health challenges to the workforce
In the US Cigna has examined 20 years of short-term disability claim data which provides some indicators of what has changed, what has remained constant about health-related absences from work and...
View ArticleDisability absence and reasonable adjustments
The decision of the Employment Appeals Tribunal in Griffiths v Secretary of State for Work and Pensions (DWP) [2014] EqLR 545 is of fundamental interest to HR managers. Why? Because it says there is no...
View ArticleAssociative Discrimination
It has long been my opinion that an employer’s duty to make reasonable adjustments does not and should not extend to an employee associated with a disabled person. The Court of Appeal, undermining...
View ArticleIs disregarding a final warning a reasonable adjustment?
The Employment Tribunal seemed to think so in General Dynamics IT Ltd v Carranza but the decision has been reversed by the EAT (UKEAT/0107/14/KN). The Claimant had a number of long time periods off...
View ArticleDamages for Injury to Feelings and Personal Injury
Is cutting off email access for a sick employee a provision, criterion or practice (PCP) which triggers the reasonable adjustment duty? Does the Vento uplift in Simmons v Castle (CA) apply in the...
View ArticleThe Court of Appeal hand down judgment in Griffiths v Secretary of State for...
The Court of Appeal has today handed down judgment in Griffiths v Secretary of State for Work and Pensions. The central issue in Griffiths is whether an employer’s duty to make reasonable adjustments...
View ArticleDisability Discrimination and Reasonable Adjustments
Should the duty to make reasonable adjustments under s.20 of the Equality Act be abolished? No, held the Court of Appeal in Griffiths v Secretary of State for Work & Pensions. The Appellant was an...
View ArticleDuty to make reasonable adjustments v legitimate aim: Appleby
The Claimant worked at a school and was disabled – from 2011 she suffered from narcolepsy and from April 2013 onwards up until her dismissal, she suffered from a mental impairment. The respondent had...
View ArticleAn expectation or assumption can be a PCP for disability purposes
The recent case of Carreras v United First Partners Research (EAT) is a good example of how the tide is turning more and more in favour of disabled employees. The decision shows the extent to which...
View ArticlePermanent pay protection can be a reasonable adjustment – but not everyday
Employers have a duty to make reasonable adjustments in the workplace where a disabled person would otherwise be put at a substantial disadvantage when compared with those who are not disabled. The...
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